Callicotte v. Collier et al

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS
JASON COLBY CALLICOTTE §
§
Plaintiff, §
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versus § CIVIL ACTION NO. 1:24-CV-234
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BRYAN COLLIER, et al., §
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Defendants. §
MEMORANDUM OPINION AND ORDER
Plaintiff Jason Colby Callicotte, proceeding pro se and in forma pauperis, brought the
above-styled lawsuit. On June 17, 2025, the magistrate judge denied plaintiff’s motion for copies
of filed documents (#34). Plaintiff filed a motion for reconsideration of the order (#35).
Analysis
Plaintiff requests relief from the order denying his motion for printed copies of his filed
documents. Plaintiff contends he is entitled to copies at government expense pursuant to 28
U.S.C. § 1915(c).
Rule 60(b), FED. R. CIV. P., provides in pertinent part:
On motion and just terms, the court may relieve a party or its legal representative
from a final judgment, order, or proceeding for the following reasons: (1) mistake,
inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with
reasonable diligence, could not have been discovered in time to move for a new trial
under Rule 59(b); (3) fraud ..., misrepresentation, or misconduct by an opposing
party; (4) the judgment is void; (5) the judgment has been satisfied, released, or
discharged; it is based on an earlier judgment that has been reversed or vacated; or
applying it prospectively is no longer equitable; or (6) any other reason that justifies
relief.
Title 28 U.S.C. § 1915)(c) provides for payment by the United States of expenses for
records on appeal in certain circumstances not present in this case. Here, plaintiff’s lawsuit
remains pending and no appeal has been filed. Plaintiff has failed to set forth a meritorious ground
warranting relief from the order. Accordingly, plaintiff’s motion for relief should be denied.
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ORDER
For the reasons set forth above, plaintiff’s motion for relief from order lacks merit and
should be denied. It is
ORDERED that plaintiff’s motion for relief from order (#35) is DENIED.
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________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
SIGNED at Beaumont, Texas, this 26th day of February, 2026.
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